Quantification of remedies and sanctions in EU competition law

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Chapter 8 in The Law and Economics of WTO Law, 2021, pp 184-205 from Edward Elgar Publishing

Abstract: Part III of the book continues with the application of the method espoused in chapter 1 outside the issue of the definition of the relevant market and 'likeness'. Staying faithful to the analytical sequence followed in typical cases under EU competition law and disputes under WTO law, Part III's subject matter is remedies and sanctions as a consequence of a finding that the respective rules have been infringed. This chapter describes EU competition law in relation to remedies and sanctions in order to establish the benchmark according to which WTO law will be compared and evaluated in the following chapters. First, the chapter offers an explanation of what is meant by sanctions and remedies and makes a working typology that will be followed in the rest of the chapter. It then looks at the Commission's imposition of fines following the finding of an infringement of EU competition law, with an emphasis on showing the relation, if any, to the actual harm caused by the infringement. Following that, the focus turns to settlements, commitments, and the quantification of damages in EU competition law. The chapter concludes, by fitting the pieces of the sanctions and remedies puzzle in a coherent picture that establishes the law and economics benchmark for EU competition law, according to which WTO law is to be evaluated in the following chapters.

Keywords: Economics and Finance; Law - Academic (search for similar items in EconPapers)
Date: 2021
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